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· 6/27/1997

Johnson v. STATE HRS

Citations

  • 695 So. 2d 927
  • 1997 WL 355185

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that a party may assert inconsistent claims in the same pleading even when the claims are mutually exclusive
  • affirming dismissal of malicious claim against a municipality under Section 768.28(9)(a) because “ ‘Malice is not only an essential element of malicious prosecution; it is the gist of such a cause of action.’ ”
  • “While we think it a better practice to have separated the alternative allegations in separate counts, we do not find the manner in which the complaint is structured to be a proper basis for dismissal.”
  • a party may assert mutually exclusive claims in the same pleading

Source: CourtListener parenthetical corpus (CC0).

Judges: Patterson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.